Servitude is regulated by civil and land law. Easements are public (between the state and the owner) and private (between the owners). They are created on the basis of an agreement and are subject to registration with authorized bodies.
Instructions
Step 1
A public easement is established by law or a regulatory legal act in cases where it is necessary to ensure state or municipal interests. The initiator of these actions is the state. Its establishment is carried out taking into account the results of public hearings in the cases listed in Article 23 of the Land Code. Therefore, if you find out that an easement is going to be formalized in relation to your plot, check the list of cases to see if it is possible to establish an easement in your situation.
Step 2
You will need to conclude an easement agreement between the owner of the property and the person in whose favor the easement is established (the state). It must reflect the area of the site under the easement, the term, the fee (if it is paid). In the presence of such an agreement, the state registration of the easement is carried out at the request of state bodies. As the owner of the site, you will need to submit a copy of an identity document and a copy of the administrative act on the establishment of an easement to the Federal Register. A legal entity will need constituent documents, certificates of registration and TIN assignment. After registration, the public servitude can be considered formalized.
Step 3
According to the law, the owner of a real estate object has the right to demand from the owner of a neighboring real estate object to establish a private easement for passage, passage, operation of his object. An easement can also be established for the laying and operation of power lines, communications, pipelines, as well as other needs of the owner of real estate, if it cannot be provided without establishing an easement. Therefore, first of all, make sure that you have no other way of access (drive, etc.) to your property, except through the neighboring property. Otherwise, according to the law, you are not allowed to establish a private easement.
Step 4
If you do decide to establish a private easement, then you will also need to enter into an agreement on it. After that, you draw up an application for state registration of the easement and submit it to the Rosreestr authorities along with the agreement, cadastral passport and cadastral plan of the land plot. The parties to the agreement will also need to submit identity documents or incorporation documents. Upon completion of registration, the easement can be considered established and properly executed.
